A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 4, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On February 1, 2020, at around 23:41, the Defendant driven CM3 automobiles while under the influence of alcohol with approximately 0.139% alcohol concentration from the 1km section from the parallel of Pyeongtaek-si to the front road of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the confirmation of criminal records of the suspect;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

Unfavorable circumstances: The fact that the drinking driving has been conducted again after the previous record of punishment twice due to drinking driving, the fact that there are many other traffic-related criminal records, the fact that the degree of blood alcohol concentration at the time of detection is not low: The fact that the previous record of the same kind of crime is recognized and reflected, and that there is no special criminal record for about ten years after the previous record of the previous crime of around 2009.